ForumTitleContentMemberSexCountryDate/Time
US Citizenship General DiscussionEntered with K1, married, divorced a year later, been having CG for 4 years now. When can I apply for citizenship?
Thank you very much for all your suggestions. So 1.5 years to go for me....not bad...yay!
otrFemaleJapan2011-08-12 21:59:00
US Citizenship General DiscussionEntered with K1, married, divorced a year later, been having CG for 4 years now. When can I apply for citizenship?
So if I start counting 5 years from March 2008, then I should file for citizenship in Jan 2013?

Thank you very much for all your help/suggestion. Much appreciate.....
otrFemaleJapan2011-08-11 22:20:00
US Citizenship General DiscussionEntered with K1, married, divorced a year later, been having CG for 4 years now. When can I apply for citizenship?
When do you start counting? In my card, it says, becomes permanent resident since March 2008. Do I count from that date on the card?

You can apply after you have been a legal permanent resident for 5 years. If you were still married, you are eligible after 3 years. It is actually 90 days prior to your 5th year...

I am sure you know that you will have to give up your Japanese citizenship once you obtain your American citizenship, right?



I didn't know that, is it because of Japan? or does this apply to any nationality? I know a thai person who could hold dual citizenship....
otrFemaleJapan2011-08-11 16:03:00
US Citizenship General DiscussionEntered with K1, married, divorced a year later, been having CG for 4 years now. When can I apply for citizenship?
Hi,

I entered the country with K-1 in July2007, did everything right and got a permanent greencard(Removed the condition-CG). Unfortunately, the marriage didn't last. We divorced a year and a half after I entered (Dec 2008), I filed to removed the condition on my own and I'm a permanent resident now. It's been 4 years now since I first received CG after I entered the country. My question is, when can I apply for citizenship?

Originally, if I still stayed with my ex, I could file for citizenship after 5 years I entered with K-1 (which will be somewhat around March 2012). But since I divorced, how long do I have to wait until I can file for citizenship? Please help suggest I'd be really appreciate. Thank you!

Naomi
otrFemaleJapan2011-08-11 14:13:00
Removing Conditions on Residency General DiscussionDoes it has to be physical abusive case to grant a CG after divorce?
I'm on a year marriage with conditional CG (entered as K-1). Now our relationship isn't so good and we're seperating and probably will get a divorce based on the reason that we're not getting along. I'm very worry about me filing waiver and removing conditional CG alone. Is it too weak reason to get divorce? Our marriage was in good faith and I have some proofs from when we were together for a year(joint account, joint tax return07, utility bills, pictures, cable bills)
Please suggest, thank you so much.

Also anyone who succeed in filing removal after a divorce? I heard it's very diffecult and high risk if it's not a physical abusive case.
otrFemaleJapan2008-07-25 02:02:00
Removing Conditions on Residency General DiscussionEntered with K-1, removing condition after a divorce
I'm on a year marriage which I entered in good faith. Now my husband just left me and wants to file for a divorce because he said we're not compatible. It's been very hard for me since everything does not make sense from his side while I was trying to be a good wife. I heard that it's very diffecult to get a permanent GC if you don't filed it jointly for any reason except physical abusive. Also I entered the country with K-1, and I'm afraid USCIS will think our marriage was fraud, just because I want to live here. I read about a lot of cases, but it seems everyone was already in the US when they got married and so divorces and filing for waivers shouldn't be a problem for them.

Anyone who used to have K1, have succeeded in removing condition after a divorce based on a reason 'not compatible'?

I'm very stressful now, any suggestion would help, thank you so much
otrFemaleJapan2008-07-25 10:51:00
Removing Conditions on Residency General Discussiontimelines for removing conditions for divorced applicants
QUOTE (gabrielarad @ Jul 7 2008, 12:12 PM) <{POST_SNAPBACK}>
QUOTE (mooninlove @ Jul 5 2008, 11:49 PM) <{POST_SNAPBACK}>
QUOTE (gabrielarad @ Jul 5 2008, 11:44 AM) <{POST_SNAPBACK}>
QUOTE (mooninlove @ Jul 5 2008, 02:03 PM) <{POST_SNAPBACK}>
For those who are asking for a timeline of Divorced applicants, here's my timeline during my I-751 stage.I hope it helps!

August 2006- I-751 waiver application
August '06- Bio received & appointment done
January 2007- RFE received
Feb 2007- Card received

Overall, it was 6 months and days...

MOONINLOVE, first of all CONGRATULATIONS !!! So, you filed on your own, you are divorced. How long after you received the Temporary Green Card did you get the divorce? Were you called for an interview after you sent the I751 or not?



aThank you. Actually months before filing the I-751 was when the divorce was filed. I was not called for an interview but received an RFE. My case is different from yours in some areas maybe so best of luck to you. Like diadie had said, have you provided enough evidence? If you did then you'll be fine.


Yes I did provided with all the evidence I had, my marriage was 1000% for real and I was devastated to find out that my husband is bysexual, and seeking for relationships with other men on the Internet.


I'm on a year marriage with conditional CG (entered as K-1). Now our relationship isn't so good and we're seperating and probably will get a divorce based on the reason that we're not getting along. I'm very worry about me filing waiver and removing conditional CG alone. Is it too weak reason to get divorce? Our marriage was in good faith and I have some proofs from when we were together for a year(joint account, joint tax return07, utility bills, pictures, cable bills)
Please suggest, thank you so much.
otrFemaleJapan2008-07-25 01:55:00
Removing Conditions on Residency General DiscussionGoing to divorce before removing condition, who should be the plaintiff?
QUOTE (alimar @ Mar 28 2009, 02:56 PM) <{POST_SNAPBACK}>
For the removal of conditional residence you need to show them that your marriage was in good faith before you get divorced. They dont want to know your financial situation. You should better collect all the evidence that you have before to get divorce. good luck!!!



U mean I don't actually have to file anything before I get divorce, but more like collect any documents from my ex before we're not seeing each other again after the divorce, so that I can file for waiver by myself later?

I do have those documents from when we were together, joint bank account, bills, some letters from people who sent to us both at the marriage address. So is it safe for me to just go ahead and divorce him now? And I'll file all these later for my removal...

Please let me know , thank you for any help!
otrFemaleJapan2009-03-28 15:14:00
Removing Conditions on Residency General DiscussionGoing to divorce before removing condition, who should be the plaintiff?
QUOTE (KarenCee @ Mar 28 2009, 07:08 AM) <{POST_SNAPBACK}>
QUOTE (otr @ Mar 27 2009, 03:21 AM) <{POST_SNAPBACK}>
Also anyone who had experience divorcing before removing conditions? who should be the plaintiff? In the case that we're both want the divorce and simply because it's not working out, no abuse and drama. Anyone had that experience and did you eventually get GC?? Please help...

OH..I really forgot a big point here. I live in NY and here the only way you can get a divorce is someone has to sue another ( Even though you dont' go to court, just sign the paperwork, one person has to be a plaintiff and another be a defendant). Anyone from here has a clue, which would be better for me when I file for waiver later??

Thank you so much..


Speaking from my own experience with divorce, I *think* the one who files the divorce papers is the plaintiff. When I filed for divorce from my ex I was listed as the plaintiff - I live in Georgia. This was MY experience. There may be others who will say something different or have a different experience. My best advice would be to ask your attorney...IF you have an attorney...or the one who drew up the separation documents that you signed. That person would be the best one to answer your plaintiff/defendant question. smile.gif

Best wishes Naomi.


Hi, your time line is very close to mine. I received my CG in the mail in March 2007, will have to apply to remove the conditions by the end of this year. So when you file for your divorce, did you consult any attorney? And what was the ground for your divorce? Do you have any concerns for when you will file to remove your CG? Hope you don't mind I ask, would be really helpful if you could share...

Thank you

otrFemaleJapan2009-03-28 13:43:00
Removing Conditions on Residency General DiscussionGoing to divorce before removing condition, who should be the plaintiff?
Also anyone who had experience divorcing before removing conditions? who should be the plaintiff? In the case that we're both want the divorce and simply because it's not working out, no abuse and drama. Anyone had that experience and did you eventually get GC?? Please help...

OH..I really forgot a big point here. I live in NY and here the only way you can get a divorce is someone has to sue another ( Eventhough you dont' go to court, just sign the paperwork, one person has to be a plaintiff and another be a defendant). Anyone from here has a clue, which would be better for me when I file for waiver later??

Thank you so much..
otrFemaleJapan2009-03-27 02:21:00
Removing Conditions on Residency General DiscussionGoing to divorce before removing condition, who should be the plaintiff?
QUOTE (Luis&Laura @ Mar 27 2009, 01:48 AM) <{POST_SNAPBACK}>
USCIS does not require an affidavit of support to remove conditions on residency, I am not sure about you going for financial aids as the government could come after your husband since he did have to sign an affidavit of support for you, and he's responsible for you financially (not 100% sure but I think even after the divorce the affidavit remains valid, until you naturalize or otherwise have certain employment time requirements fulfilled), so if that will show up during removal I am not sure.

I'm not familiar with the procedure to file for removal alone, so you're better off waiting for more experienced members. Either way you'll need a lot of evidence that the marriage was entered in good faith.



Thank you, you raised a good concern about financial affidavit. It's a very good point and I'll definitely talk to someone about it.

As for the removal and waiver, I do have some evidence but it's not perfect. I mean I do have joint bank account, utillity bills, cable bills, phone bills, some letters/invitations to us at our address, but only up to the middle of last year since he left. And those are for the period of probably 6 months only (We didnt' do the joint paper work for bills right away since we got married, I should have be more careful with that. We were together for a year before he left, and we've been seperating for 8 months now before we signed the seperation agreement today, will follow by the divorce). Another evidence that I have is tax paperwork, we did file taxes together for 2 years. So if anyone know that would be enough proof for me when I file for waiver, please let me know. Thank you so much!


Edited by otr, 27 March 2009 - 02:09 AM.

otrFemaleJapan2009-03-27 02:08:00
Removing Conditions on Residency General DiscussionGoing to divorce before removing condition, who should be the plaintiff?
Hi,

My marriage ended because it just didn't work out between us. We just signed a seperation agreement today and going to file for the divorce soon after, under the ground of abandonment (Our mediator explained that this ground is very common when people just want to get divorce, basically it's not literally abandonment but more like the person refused to sleep with the other...for example). My background is, I entered the country with K-1, we did everything right and we did enter the marriage in good faith. I have a Conditional GC which will be expired in March2010. I know that I have to remove the conditions by the end of this year. My questions are:

1. I am not sure which would benefit me more when I file for the waiver by myself, between me being the plaintiff or him (I mean for the divorce). (This is kind of urgent, please anyone have any idea?)

2. To make matters more complicated, I am going to a grad school this coming fall. I am applying for financial aids and loans which seems to be no problem because I am a qualified permanent residence. I am unemployed right now(got laid-off like everyone else) and don't think I will have a job when I am in school either (It's a tough year). Is that going to make matter worse when I file for the waiver? By having a big student loans, and not having a job, chance that I might not get a green card because of that?? I know a friend who divorced before removing conditions but she has a good job and makes decent amount the whole time, she now received her 10yrs GC w/o even having an interview! My grad school will be 2 years, and I really do need to have GC to get the loans and all that, and I really want to graduate to not mess up my life further.

Please advise on both questions, or if anyone know a free immigration consultation in New York area, please suggest. I will be really appreciated any help. Thank you so much.

-Naomi
otrFemaleJapan2009-03-26 21:43:00
Removing Conditions on Residency General DiscussionUnemployed: need assistance from ex-husband (sponsor) and need advice on how to file I-751 with no money for filing fee
I am on the same route, divorcing with my husband and will have to file for removal of CG at the end of this year.

I just met an attorney today that suggested me not to file right after I get divorce decree, but have to follow the 90 days rule, even though I pointed out to him that it says in the instruction. He insisted that if I file right away, chance that the immigration will not approve my application. From my guess, maybe he wants to temporary stretch the time I can stay in the US, in the worst case that I file right away after I divorce and if I got rejected I would lose my status. If I'm succesfully remove the conditions then everything will be fine.

I'm going to be a full-time grad student this fall and currently applying for financial aids and got some, but need to apply for more loans. I am unemployed but still have some saving and I have to do everyway to make it last for the longest time possible. I am looking for a cheaper place to live now (for half the price of what I'm paying and sacrificing nice neighbor/commute, from a very nice area in brooklyn to the bronx). I'm doing a waitress job and don't really get any tips yet but the minimum wages. I used to have a full time job and made decent amount last year. I guess I have the same question as you, regarding the student loans VS. Effect on my removal of conditions green card. Anyone could suggest, I'd be appreciate.

For the unemployment, you can file for it, but if you resigned you won't be eligible. I am not eligible becase it's so unfortunate that I only worked the last quarter last year (you need to work at least 2 quarters to qualify), and I worked this first quarter this year and got laid off which should make me qualified but I didn't make more than 1 and half time of what I made last quarter in 2008, so I'm not qualified for it : ( . So those two are rules, the way out for me is, if I get any jobs within this month and make more than last quarter 1 and half time. Then if I don't have a job anymore starting from May, I can re-file again. But it's hard because I made a lot in that last quarter...what a bad luck...

Thanks for reading and hope it helps, anyone with any answers/solutions/thoughts, I would be really appreciated.
otrFemaleJapan2009-04-08 14:28:00
Removing Conditions on Residency General DiscussionDivorced and affidavits to support I-751
Thank you for the advice, now I'm working on my cover letter. Do you think it's necessary to include all the details since before I entered the U.S. by K-1 visa (How we met, feel in love and got married) Even though I've already done that during the K-1 process?

Please let me know, thanks so much!

naomi


otrFemaleJapan2009-12-21 11:38:00
Removing Conditions on Residency General DiscussionDivorced and affidavits to support I-751
QUOTE (Anamaria2009 @ Dec 10 2009, 10:16 PM) <{POST_SNAPBACK}>
- Naomi, I can feel the stress and confusion from your post; try to relax and think straight (I know is easyer to say then to do ..)
1. The affidavits are ment to support and substantiate/verify/proof your claim: that you were in a real marital relationship and people knew about it.
(How come that you are not together anymore, you can explain it in your own affidavit).
2. Expiration date?! No. Just make sure is not dated before the marriage took place laughing.gif
3. No need to submit post marriage bills (that would only show/proof where you live, your address).



Also, May I ask who were the plaintiff in your divorce case? I was the plaintiff for mine, under the ground of constructive abandonment by the defendant for more than one year. I can not afford a lawyer now and still very confused about how this ground works.....the truth is, marriage just didn't work out, didn't feel right staying together, changed of heart, and so we decided the divorce is what we needed. Just wondering by being a plaintiff, does this make me look like I'm trying to commit a marriage fraud? or rush to get GC sooner than having to wait for 3 years....

Thank you for the answer in advance....
otrFemaleJapan2009-12-12 02:47:00
Removing Conditions on Residency General DiscussionDivorced and affidavits to support I-751
Hi again,

Also I looked at your timeline, congratulation! you just finished your visa journey. I'm dreaming about that day for myself. Your progress was so quick! May I ask, so you file for waiver in Sep 09 and you got GC in Dec 09?? Am I misunderstand something here....

QUOTE (otr @ Dec 12 2009, 02:35 AM) <{POST_SNAPBACK}>
Hi again,

Also I looked at your timeline, congratulation! you just finished your visa journey. I'm dreaming about that day for myself. Your progress was so quick! May I ask, so you file for waiver in Sep 09 and you got GC in Dec 09?? Am I misunderstand something here....



Sorry, this post I meant to reply to Anamaria2009.....please let me know you saw it. Thanks!
otrFemaleJapan2009-12-12 02:36:00
Removing Conditions on Residency General DiscussionDivorced and affidavits to support I-751
QUOTE (Anamaria2009 @ Dec 10 2009, 10:16 PM) <{POST_SNAPBACK}>
QUOTE (otr @ Dec 9 2009, 07:30 PM) <{POST_SNAPBACK}>
Hi,

Thank you for all the posts, I found the sample affidavits from the site. But what I really want to know is that, all the affidavits from friends/landlord...etc, should focus only about our marriage relationship when we still married? and try to avoid talking about the fact that we divorced? even these people have the knowledge of it. Also my ex made me sign in the seperation agreement that he will not be involved with this or help with any ways. I did asked for a letter of bona-fide marriage from him when we divorced which was since May2009, is this kind of affidavit has the expiration date?

ok to summarize the questions:

- Should these affidavits from friends say only about our marriage relationship when things were good, and avoid talking about the divorce?

- Is there an expiration date to my ex affidavit of bona-fide marriage?

Last question from my original post:
- Do I have to submit the evidence such as bills, lease, taxes in my name only after the divorce? because they are from the same marriage address,...well maybe I'm too confused with this one, but need confirmation from people....

Please help, thank you!

naomi


- Naomi, I can feel the stress and confusion from your post; try to relax and think straight (I know is easyer to say then to do ..)
1. The affidavits are ment to support and substantiate/verify/proof your claim: that you were in a real marital relationship and people knew about it.
(How come that you are not together anymore, you can explain it in your own affidavit).
2. Expiration date?! No. Just make sure is not dated before the marriage took place laughing.gif
3. No need to submit post marriage bills (that would only show/proof where you live, your address).


Hi,

Thank you so much for your reply and thoughtfulness. Now the letter written by yourself caught my attention. So I need to write a 'cover letter' telling them the whole story why did I get divorce as well? Is the divorce decree not enough? because there is a ground for divorce on the divorce papers, and I thought it is the way to avoid having to go into detail that I don't want to say. Or to be clear, I'm afraid by telling too much or too little details could be a very tricky way to trigger their suspicious. I also don't want to be called for an interview either if possible (have a friend who go t a permanent card w/o an interview and she divorced too). So which way do you think is better, by writing a cover letter for myself or don't need to give them any letter at all? (I'm planing to have a cover letter but to state the fact that I'm filing for waiver and to make checklists for all the stuffs in this package, but that's about it, never thought about having to explain why I divorced.) What do you think? Your opinion will be really helpful and appreciated!

naomi
otrFemaleJapan2009-12-12 02:30:00
Removing Conditions on Residency General DiscussionDivorced and affidavits to support I-751
Hi,

Thank you for all the posts, I found the sample affidavits from the site. But what I really want to know is that, all the affidavits from friends/landlord...etc, should focus only about our marriage relationship when we still married? and try to avoid talking about the fact that we divorced? even these people have the knowledge of it. Also my ex made me sign in the seperation agreement that he will not be involved with this or help with any ways. I did asked for a letter of bona-fide marriage from him when we divorced which was since May2009, is this kind of affidavit has the expiration date?

ok to summarize the questions:

- Should these affidavits from friends say only about our marriage relationship when things were good, and avoid talking about the divorce?

- Is there an expiration date to my ex affidavit of bona-fide marriage?

Last question from my original post:
- Do I have to submit the evidence such as bills, lease, taxes in my name only after the divorce? because they are from the same marriage address,...well maybe I'm too confused with this one, but need confirmation from people....

Please help, thank you!

naomi
otrFemaleJapan2009-12-09 19:30:00
Removing Conditions on Residency General DiscussionDivorced and affidavits to support I-751
QUOTE (Dakine @ Dec 6 2009, 07:32 PM) <{POST_SNAPBACK}>
QUOTE (otr @ Dec 6 2009, 02:25 PM) <{POST_SNAPBACK}>
Hi,

I'm entering the 90 days time frame today and about to file to remove my condition GC by myself. I entered the country by K-1 in July2007 and got the conditional GC in Mar2008. We did everything right but unfortunately our marriage didn't work out and the divorce ended in May2009. I've been living in the marriage address and have changed all the joint names on our bills and lease to my name only since Jan 2009. Now I'm preparing all the documents which I have pretty much everything in joint names up until Jan 2009 - a year lease, joint taxes for 2 years, joint bank account, joint health insurance policy, con-ed bills, timewarner bills, and some holiday cards from friends/family.....

Since it's going to be a special case because I divorced, I'm also preparing affidavits for people which are my landlady(of the apt we were living together for a year and I'm living here now), a friend who was a witness at our wedding at city hall, and another friend of mine who hung out with both of us from time to time. Question is:

Anyone knows if these affidavits are enough and helpful to prove my bona-fide marriage besides those joint-account paper evidences that I have only for a year? And what kind of content they should say in the affidavits besides their required information?

Another question: Should I submit the lease and bills after Jan2009 until May2009 (last date in our divorce paper) which are in my name only but in the same address as marriage address? Do they care about evidence in my name only after our divorce?

Is anyone in the same situation as me?
Any suggestions would be very helpful and appreciated...Thank you!

Naomi

You should have filed to remove conditions as soon as your divorce was final.
Submit everything you have showing you guys had lived together.


Yes, I know, but I already missed that so I'm filing in the 90 days window instead. Now I want to know more about the content of the affidavits and if they would be helpful or not, and the evidence after the divorce in my name, if they are necessary to be filed?
otrFemaleJapan2009-12-06 19:36:00
Removing Conditions on Residency General DiscussionDivorced and affidavits to support I-751
Hi,

I'm entering the 90 days time frame today and about to file to remove my condition GC by myself. I entered the country by K-1 in July2007 and got the conditional GC in Mar2008. We did everything right but unfortunately our marriage didn't work out and the divorce ended in May2009. I've been living in the marriage address and have changed all the joint names on our bills and lease to my name only since Jan 2009. Now I'm preparing all the documents which I have pretty much everything in joint names up until Jan 2009 - a year lease, joint taxes for 2 years, joint bank account, joint health insurance policy, con-ed bills, timewarner bills, and some holiday cards from friends/family.....

Since it's going to be a special case because I divorced, I'm also preparing affidavits for people which are my landlady(of the apt we were living together for a year and I'm living here now), a friend who was a witness at our wedding at city hall, and another friend of mine who hung out with both of us from time to time. Question is:

Anyone knows if these affidavits are enough and helpful to prove my bona-fide marriage besides those joint-account paper evidences that I have only for a year? And what kind of content they should say in the affidavits besides their required information?

Another question: Should I submit the lease and bills after Jan2009 until May2009 (last date in our divorce paper) which are in my name only but in the same address as marriage address? Do they care about evidence in my name only after our divorce?

Is anyone in the same situation as me?
Any suggestions would be very helpful and appreciated...Thank you!

Naomi
otrFemaleJapan2009-12-06 19:25:00